Gujarat High Court
Kumbhar Mohanbhai Manchabhai vs Special Land Acquisition Officer on 25 August, 2021
Bench: N.V.Anjaria
C/CA/463/2021 ORDER DATED: 25/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 463 of 2021
In F/FIRST APPEAL NO. 28325 of 2020
With
R/CIVIL APPLICATION NO. 464 of 2021
With
R/CIVIL APPLICATION NO. 465 of 2021
With
R/CIVIL APPLICATION NO. 466 of 2021
With
R/CIVIL APPLICATION NO. 467 of 2021
With
R/CIVIL APPLICATION NO. 468 of 2021
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KUMBHAR MOHANBHAI MANCHABHAI
Versus
SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,2
RULE NOT RECD BACK(63) for the Respondent(s) No. 2
MS DIVYANGNA JHALA, AGP(64) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 25/08/2021
ORAL ORDER
All the captioned applications seeking condonation of delay
are filed in the First Appeals arising out of common judgment
and award dated 23.12.2010 of learned Presiding Officer, 2 nd
Fast Track Court Judge, Mahesana, in Land Reference Case
Nos.1136 of 2004 to 1151 of 2004.
1.1 In the facts of the case and with consent of learned
advocates appearing for the parties, all the applications were
taken up for final consideration.
1.2 Rule returnable forthwith. Learned Assistant Government
C/CA/463/2021 ORDER DATED: 25/08/2021
Pleader Ms.Divyangna Jhala waives service of rule on behalf of
the respondent State in each Civil Applications.
1.3 Heard learned advocate Mr.A.V.Prajapati for the applicants
and learned Assistant Government Pleader for the respondent
State.
2. Delay of 3280 days has taken place in preferring the First
Appeals. For instance, the Civil Application captioned No.463 of
2021 is in F/First Appeal No.28325 of 2020 which corresponds
to the common judgment and award in so far as it relates to
Land Reference Case No.1137 of 2004.
3. The details of the respective cases are tabularized herein
below.
Sr.Nos. Civil Applications First Appeals Land Reference
Cases
1 Civil Application First Appeal L.A.R. No.1137 of
No.463 of 2021 No.28325 of 2020 2004
2 Civil Application First Appeal L.A.R. No.1138 of
No.464 of 2021 No.28328 of 2020 2004
3 Civil Application First Appeal L.A.R. No.1141 of
No.465 of 2021 No.28331 of 2020 2004
4 Civil Application First Appeal L.A.R. No.1147 of
No.466 of 2021 No.28341 of 2020 2004
5 Civil Application First Appeal L.A.R. No.1149 of
No.467 of 2021 No.28345 of 2020 2004
6 Civil Application First Appeal L.A.R. No.1151 of
No.468 of 2021 No.28349 of 2020 2004
4. Explaining the delay, it is stated in the application that
after deliverance of the common judgment and award, the
applicants were under impression that if the amount is
withdrawn, they would not be able to prefer the appeal. It is
C/CA/463/2021 ORDER DATED: 25/08/2021
their case that the applicants came to know about the
acquisition of the lands in the adjacent village at Bhandu,
Bokarvada and Kharsada, wherein the compensation was
awarded more than Rs.200/- per sq.meters as against Rs.18.90/-
per sq.meters in the present case. It is submitted that
Notification were also issued for vicinity in both the cases, still
lower amount came to be awarded. The applicants therefore
preferred the First Appeal against the impugned common
judgment and award.
4.1 Not only that, it is further the case of the applicants that
compensation was not paid to the applicants- claimants and that
they had remained without compensation for about twenty
years. The ground on such delay condonation is based is that the
applicants came to know about the order in the land acquisition
cases in respect of the adjacent land and that the same amount
of compensation could have been awarded and further that they
have not received compensation even actually awarded for long
time.
4.2 Learned advocate for the petitioners relied on decision of
the Supreme Court in K. Subbarayudu and Others
Vs. The Special Deputy Collector (Land Acquisition)
[(2017) 12 SCC 840] and also in Dhiraj Singh Vs. State of
Haryana and Others (2014) 14 SCC 127 wherein the
Supreme Court has condoned delay which was large in terms of
days in preferring the appeal against the land acquisition cases.
4.3 Learned advocate for the applicants made a statement that
if the delay is condoned, the claimants- applicants, in each Civil
Applications, shall not claim interest for the delayed period. It is
submitted that the applicants have no objection if such condition
C/CA/463/2021 ORDER DATED: 25/08/2021
is imposed as was imposed by the Supreme Court in K.
Subbarayudu and Others (supra).
5. In the aforesaid view, sufficient cause said to have been
made out. The delay deserves to be condoned. At the same time,
in the facts and circumstances of the case and as per the
statement made by learned advocate for the applicants,
condition is required to be imposed on the applicants- claimants
that they shall not claim any interest for the delayed period in
respect of the enhanced compensation, in the event, the appeal
is allowed.
6. The applicant in all Civil Applications shall file such
undertaking on oath to the effect as above that they will not
claim any interest for the delayed period if partly or fully
succeeds in this appeal, within three weeks from today before
this Court.
7. On the aforesaid condition, delay is condoned in all Civil
Applications. Applications are allowed. Rule is made absolute in
the said terms in each.
(N.V.ANJARIA, J)
Manshi
